Buying Bank Owned
Finding and filing properties
Develop a system
to keep track of properties that interest you. A good tracking system
is important as most foreclosure buyers pursue many properties,
sometimes over a period of several months.
After you find a property online, it's a good idea to drive by the property to get a better idea of the property's condition and the type of neighborhood. Some buyers and investors who have driven by the property have found notices posted there that provide more information about the bank who now owns the property. You'll also see if the property is listed with a real estate agent.
Researching the potential bargain
When you find a property that interests you, perform some preliminary
research to make sure the property represents a good bargain
opportunity. Your research should not take more than one or two days
because you do not want to delay too long before contacting the
foreclosing bank. The key pieces of information you need to gather are
the estimated market value of the property and the bank's break-even
amount.
The bank's break-even amount includes the unpaid balance of the loan, any fees and costs incurred during the foreclosure process and any other liens the bank had to pay off to take ownership of the property. The unpaid loan balance plus any foreclosure fees and costs are included in the opening bid.
Contacting the bank
You or your real estate agent should initiate contact with the bank to
express your interest in the property. Before you expend the time and
effort to contact the bank, make sure you're fully prepared to buy.
At this stage of foreclosure it's more likely the property will be listed for sale on the Multiple Listing Service (MLS), so make sure you or your agent checks the MLS. If the property is listed for sale, you can contact the listing agent directly. Keep in mind that the potential bargain often diminishes if a listing agent is involved.
If the property is not listed with a real estate agent, you'll need to take some pro-active steps to contact the foreclosing bank directly. The bank's main focus is not selling property, which means you may need to do some digging to find the department or person at the bank who manages repossessed property.
When you call the foreclosing bank, you should ask for the REO (Real Estate Owned) department, bank-owned homes department or asset management department. Be patient and persistent at this point because it may take some time to get through to this department.
If you have trouble contacting the bank by phone, another option is to overnight or fax a letter to the bank stating your interest in the property. Some buyers and investors include a check made out to a local escrow company to get the bank's attention. This check is usually a small percentage of the total purchase price and should be refunded if no transaction takes place, but it shows you're a serious buyer.
Negotiating a purchase agreement
Once you make contact with the bank's asset manager or REO officer, you
should arrange to walk through the property (with your agent if
applicable) to make sure it fits your criteria as a buyer. If both you
and the bank agree to proceed, you should start negotiating the terms
of the purchase agreement. A real estate agent can be a valuable
resource during the negotiating process.
If state law allows a redemption period for the owner after the bank takes ownership of the property, you may have to wait until the end of the redemption period - several weeks or several months, depending on the state. During the redemption period the owner can regain ownership of the property by paying the total amount owed to the bank plus any applicable foreclosure expenses.
The
bank's primary goal is to at least break even on all the costs that it
has sunk into the property. That includes the unpaid balance of the
loan, the expenses associated with the foreclosure proceedings, other
liens and repairs to the property. Your goal as a buyer is to purchase
the property below market value, minus any estimated repair
costs. This is often possible if you contact the bank quickly and are a
prepared buyer ready to make a purchase.
In the recent real estate market, buying directly from the bank has not been as profitable as buying during pre-foreclosure or at the public auction. That's not to say there aren't good deals available. And many buyers and investors prefer to buy directly from the bank because it's typically a more predictable process than buying during pre-foreclosure or at a public auction.
You'll probably get a better bargain if you're willing to buy the property "as is," meaning you're willing to buy the
property in need of repairs disclosed by the seller.
Of course you'll still want to figure estimated repair costs into
your final
purchase offer.
Banks
may be more willing to sell at a below-market price if they have a glut
of foreclosures, which are non-performing assets from their
perspective. If you're an investor or buyer looking for more properties
to purchase, you should let the asset manager or REO officer know to
contact you in the future if the bank needs to
quickly unload foreclosure properties.
Closing the deal
Once you've arrived at an agreement with the foreclosing bank, you can
put the agreement in writing. You should have a local real estate agent
or real estate attorney help if you're not familiar with how to draw up
a purchase agreement.
Any purchase agreement should make closing of the deal contingent on a full title search conducted by a title company or attorney. The purchase agreement should also allow for a professional inspection of the property before closing the deal.
An escrow company, who acts as a third party, can manage the transfer of money and property ownership. Assuming that you have your financing secured, this should be a fairly smooth process.